The document discusses the organization and functions of the judiciary. It describes the hierarchical structure of courts with lower courts at the bottom and supreme or high courts at the top. There are different types of courts, including civil/criminal courts, administrative courts, and special courts like military courts. The judiciary interprets and applies laws independently while maintaining relationships with the executive and legislative branches. It has the power of judicial review to declare laws unconstitutional in countries like the US and protects fundamental rights and ensures justice.

2. Presented to:
Presented to:
“Ma,am Sania Zara”.
Presented by:
Ghazala Arif”

3. Judiciary.

4. Judiciary
The Judiciary (also known as the
judicial system or court system) is
the system of courts that interprets
and applies the law in the name of
the state.

5. Organization.
 Judicial structure is built on different principles.
 It has hierarchal stages with lower courts at the bottom
and the supreme or high court at the top..
 Different types of courts are involved in the
administration of justice in the modern states.

6. Courts.
 Civil or criminal court.
 Administrative court.
 Special court.

7. Civil or Criminal Court.
 Common courts settle the disputes arising among the
individuals in civil and criminal cases.
 In criminal proceedings, generally jury trial is adopted
though it is adopted in certain civil cases as well.
 In some countries both civil and criminal cases are tried
in the same courts while in other countries including
Pakistan separate courts are established for hearing
civil and criminal cases.

8. Administrative Court.
 In most of the European States, especially in France,
separate administrative courts decide the cases
involving administrative matters and the branches of
such courts exist in almost all important administrative
departments. These courts settle the disputes arising
among public officials and the disputes in which any
public official and private individuals are parties.
 In the beginning the administrative officials used toe
exercise judicial powers, later regular courts were
established.

9. Special Courts.
 Special courts are established to decide special cases.
Example: Military courts, work in most of the countries to
settle disputes arising among the military personnel.
 In America and Britain , circuit courts are also part of the
judiciary. These courts have no permanent seat but hold
their sessions at different places.
 In Pakistan however, there exists a single judicial
hierarchy.

10. Independence of Judiciary
 Its mean that the judges should be free from all the
pressure to decide the cases neutral according to their
conscience.
 Different rules and regulation are:
1. Method of appointment.
2. Election.
3. Nomination and selection.
4. Duration of service.
5. Removal.

11. Functions;
There are five function of judiciary.
1. Primary function.
2. Protection of rights.
3. Interpretation of the constitution.
4. Advisory jurisdiction.
5. Administrative functions.

12. Primary Function
 Protection of fundamental rights and the enforcement of
justice in a society depends, on the role of judiciary.
 Judiciary protect the opressed and weak persons from
exploitation.
 A Judge is not basically concern to examine the validity
of law, his basic function is to apply it in the settlement
of disputes.

13. Protection of rights,
 To protect rights of the people.
 The court have performed this function in a benefiting
manner even in some political system having dictorial
rule, in such countries the judiciary has been the only
institution that ensured the protection of public liberties.

14. Interpretation of the Constitution.
 In those countries where constitution stands paramount
superior courts act as its guardian.
 Example, in America the supreme court , through its
power of Judicial Review, can declare null and void any
law, decree, policy or action of the government , if it
clashes with the Constitutional law.

15. Advisory Jurisdiction.
 Superior courts in some countries advise the
government on points of law, and can also give
declaratory judgement in which the courts point out the
intention of the law.
 Under the constitution of Pakistan, the president
authorized to get the advice of the courts in legal matters
whereas in America the courts can neither give
declaratory judgement nor issue any advice.

16. Administrative Function
 The function of the courts are not restricted to the
settlement of disputes, they perform some administrative
duties as well. This includes the appointment of judicial
staff, issuance of license persons, supervision of wills
and of the property of insane appointment of receivers
for bankrupt persons and institutions.

17. Relation with Executive.
They have relation with executive in two types.
a) Executive Control.
b) Supremacy of judiciary.

18. Executive Control
 In ancient societies the executive had unlimited judicial
powers as well. With the development of democratic
ideals and the advancement of civilization , judiciary
gradually became to a greater extent independent of
executive control. The executive still exercises some
judicial powers in most of the states
 Example; Chief Executive, appoints the judges of
superior courts and thereby the executive can bring
changes in the organization of judiciary.

19. Supremacy of Judiciary
 The courts have generally upper hand on the
administrative setup.
 In those states where judicial procedure is based on
RULE OF LAW, public officials are tried in the same
courts along with the private persons for all offences.
 In independence of judiciary is an accepted doctrine in
order to save public liberties from the encroachment of
public officials.

20. Relation with Legislature.
 Judiciary applies the laws enacted by the legislature.
 In america and britian, the upper legislative chamber
have certain judicial powers as well. Judges are elected
by the legislatures in some countries and can also be
impeached.
Judicial supremacy:
Being an independent branch of the government judiciary
enjoys a privileged position over legislature.

21. Judicial supremacy.
Being an independent branch of the government
judiciary enjoys a privileged position over
legislature, under most of the federal constitution,
supreme court as the guardian of the constitution
can declared void the enactment of the legislature as
are against the constitution.

22. This power of JUDICIAL REVIEW was not explicitly wriiten
in the American constituions but was later asserted as
implied power by chief justice Marshall in the case of
Marbury/ Madisson of 1803.
The court exercise the power of JUDICIAL REVIEW only
when an issue is brought in the form of a case or
controversy.